Study On The Guarantee Mechanism Of Administrative Appeal During The Period Of Nanjing Republic Of China

As a specialized legal term in the period of Nanjing Republic of China, the wordadministrative appeal has a wealth of historical connotation. The appeals system belongs toadministrative oversight mechanisms that regulate administrative activities and protectcitizens rights, which is equivalent to our country’s current administrative reconsiderationsystem. When people believe that their rights are damaged by the administrative organsillegal or improper administrative punishment, they may appeal in accordance with the law. In1930, Nanjing national government announced the Administrative Appeal Act again.Although the technology of law legislation is not enough skilled, it roughly stipulated thecontent that included administrative appeal s filed, jurisdiction, trial, service, etc. It not onlyprovides a clear basis of applicable law on the entities, but also safeguards the civil rights onthe procedure. After the Nanjing government was established, it set up the administrativecourt, which was based on the theory of five-power constitutional principles. Besides,administrative litigation must undergo appeals procedure. After administrative organ make adecision through the review, people can also filed a petition again. Two levels of appeals arebased on principles of the written materials. Apparently, appeals system has a main effect onsolving administrative dispute. Nowadays, applicable appeals system in Taiwan is on the basisof Administrative Appeal Act which was promulgated by Nanjing national government in1930. Our country’s administrative reconsideration law also reference the appeals system, inorder to supervise administrative organs exercise their functions and powers according to law.The whole essay is elaborated in four parts except the forewords: the first part, the basictheory of administrative reconsideration during the rein of Nanjing Republic of China. Thischapter mainly introduces the meaning of the appeals jury, the history of the appeals jury, therole of the appeals jury. The second part, it introduces the provisions of the appeals juryduring the Nanjing national government period. The content of this chapter includes twoaspects: the legal source of the appeals jury and the main content of the appeals jury duringthis period. The third part, it introduces the appeals of justice during the Nanjing nationalgovernment period. This section introduces transcribe, rejoinder and the decision of therespondent through the vivid case. These legal documents inevitably have become vitalprogram links about the guarantee rights mechanism of the appeals jury. The fourth part, itintroduces the evaluation of the appeals jury during Nanjing national government period. Thissection summarizes the value of the appeals jury during this period. At the same time itpointed out new development of the appeals jury system in Taiwan currently. Finally, based on the analysis of the related circumstances of the appeals system duringthe Nanjing national government period, the full text draws the following conclusions:(1)Appeals jury, which belongs to a public right, is the remedy of illegal administrativeinfringements.(2)Both the petitions during the Nanjing national government period andcomplaints in ancient times have some kind of common contact, which looks similar, butdifferent instead.(3)A complete set of appeals jury mechanism strictly protect theimplementation of rights in writing. It should submit transcribe and rejoinder when complaintis accepted. The government makes decisions after reviews.(4) The appeals jury mechanismthat guaranteed rights is a dynamic development process.